Litigation Trends In Renewable Energy: Disputes Over Land Use And Environmental Impact

• Published date: 12 January 2026
• Law Firm: Olisa Agbakoba Legal (OAL)
• Author: Udenna Chukwuloba and Zainab Afolabi

INTRODUCTION

Renewable energy is derived from natural environmental sources, which are replenished at a rate equal to or faster than at which they are absorbed. Renewable energy sources include sunlight, wind, water, organic waste, and heat from the Earth which are abundant, replenished by nature, and emit little to no greenhouse gases or air pollutants. According to reports, in 2023; the power sector was the greatest contributor to environmental pollution¹ and renewable energy is here to reduce its effect on society.

In 2024, research has shown that the world invests twice as much in renewable energy as it does in traditional energy sources². This might stem from the fact that the world is trying to reduce the impact of global greenhouse gas emissions on the environment. According to UN; to avoid the worst impacts of climate change, emissions must be reduced by almost half by 2030, and reach net-zero by 2050³.

Renewable energy sources include sunlight, wind, water, organic waste, and heat from the Earth which are abundant, replenished by nature, and emit little to no greenhouse gases or air pollutants. According to reports, in 2023; the power sector was the greatest contributor to environmental pollution⁴ and renewable energy is here to reduce its effect on society.

Nigeria is not left behind in the renewable energy discuss, Excluding Hydropower, Nigeria's renewable energy input has been calculated to be an estimate of 35MW, out of which 30MW accounts for small hydropower, while the remaining 5MW accounts for solar PV This jointly represents 0.06% of the nation's aggregate electricity generating capacity⁵. According to the Federal Ministry of Science, Technology & Innovation Federal Republic of Nigeria, Nigeria has four sources of renewable energy:

• Solar: IRENA estimates the technical potential for solar photovoltaic (PV) in the country at 210 gigawatts (GW) considering only 1% of the suitable land can be utilised for project development.
• Wind: IRENA estimates the technical potential for wind at 3.2 GW, considering only 1% of the suitable land can be utilised for project development. However, the Federal Ministry of Power says that it is conducting an offshore wind mapping. For this study, it is assumed that only onshore wind turbines will be deployed in Nigeria.
• Hydro: Nigeria has a large hydro potential of around 24 GW and a small hydro potential of about 3.5 GW. This potential, for the most part, is yet to be exploited. In 2015 Nigeria had about 1.9 GW installed capacity of large hydro and about 60 megawatts of small hydro.
• Biomass: Exploiting the huge potential of biomass resources in the country, especially in the form of agricultural residues for power generation, will go a long way to resolving the current energy crisis in Nigeria.⁶

Notwithstanding Nigeria's access to renewable energy sources, it remains one of the countries with the lowest rate of renewable energy. At this rate, it is not feasible for Nigeria to achieve its targets without the integration of renewable energy.

There have been disputes arising in the renewable energy sector not just in Nigeria but in the world, there have been disputes on policies, use of lands and even funds in many instances, affected groups have to resort to public mobilisation and campaigns to address these errors. With this underway, litigation is another viable means to enforce their rights over their lands and the perceived misuse of them.

This article analyses the evolving legal landscape of renewable energy and how these disputes are resolved or otherwise settled, ensuring favourable outcomes for both the land owners and energy developers alike.

HISTORY OF LITIGATION IN ENERGY

The litigation trend in the Renewable...